Download Read User Manual - INDUSFLOW SYSTEMS

Our responsibilities are, for the stipulated fees, to provide the services which are listed in this Agreement.
Where Conversion services are performed, they are done so on a time and expenses basis at current rates, unless otherwise
indicated. In all cases Customer is responsible for providing data for conversion and INDUS takes no responsibility for the integrity
and accuracy of this data. Customer is responsible for ensuring that it keeps proper archives and paper records of the data as it
existed prior to conversion in the event that it may be needed at some date in the future.
Where Installation, Training, Implementation and Consulting Services are provided, they are done so on a time and expenses basis
for the agreed upon rates herein. The Customer may request additional services at any time, and INDUS will provide these services
at the prevailing rates, which are subject to change. All requests for additional services must be made in writing by the Customer.
Training services may be conducted at INDUS facilities or at the Customer’s place of business, or at other facilities. All costs for
equipment, such as computers, classroom projectors etc, and all other expenses will be the responsibility of the Customer. INDUS
reserves the right to limit class size for each training course.
Annual License and Support Fees:
The Annual License and Support Fee, if applicable, covers:
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Your right to continue using the Software at Your site within the licensing constraints
Your continued service and maintenance of the product to ensure that it performs in accordance with our specifications
Your unlimited access to INDUS Support Services Hotline for assistance during normal INDUS business hours. (Training is not
included – this is for support services only)
our supply of updates to the Software and documentation that in our opinion, have universal appeal, to be delivered through
scheduled product updates
The following services are not covered by any Licensing and Support Fees:
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data conversions, custom programming, report and special forms creation, unless specifically indicated
user training (including excessive use of our Hotline because of a lack of training or comprehension)
on-site visits to Your site by our support staff
applicable costs related to installation of updates including, conversion, training, installation, shipping, media, etc
diagnosis and correction of third party software and/or hardware problems such as network and printing problems
new modules which INDUS deems to be considered separate to the Software and outside of the update process
services required as a result of any modifications to the Software performed by anyone other than INDUS personnel
data recovery and other services required as a result of failure of Your computer or network environment
If You fail to pay the Annual Licensing and Support Fee if applicable within 90 days of an anniversary date, we have the right to
cancel Your Licence, at which time You will forfeit Your right to continue using the Software.
Additional Items
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All applicable taxes and delivery charges are in addition to the listed prices.
INDUS reserves the right to increase rates for Services at any time, without notice. INDUS reserves the right to increase
Annual Fees if applicable with 30 days advance notice from any renewal date.
Neither party shall be liable for delay or failure in performance resulting from acts beyond their control, including, but not limited
to Acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike, lockout, communication line or power
failures, failure, inoperability or destruction of Your computer.
This Agreement shall be governed by and in accordance with the laws of the Province of Ontario, Canada.
The Customer shall have no right to assign this Agreement without the express written permission of INDUS.
This Agreement and any Schedule attached hereto contains the complete and exclusive statement of the Agreement between
the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements,
understandings, proposals, negotiations, representations or warranties of any kind, whether oral or written. No oral or written
representation that is not expressly contained in this Agreement is binding on INDUS.
The customer acknowledges that there are no warranties or conditions expressed or implied arising out of this Agreement,
including but not limited to, implied warranties or conditions of merchantable quality or fitness for a particular purpose and
those arising by statute or otherwise in law, or from a course of dealing or usage of trade.
All expenses incurred are chargeable to the Customer including, travel, delivery and courier fees, long distance tolls, time and
travel expense for customer site visits, media charges, administrative fees, telephone and modem communications charges,
etc).
Each party acknowledges that it has read and understands these Terms and Conditions and agrees to be bound by them and
further agrees that it is the complete and exclusive statement of Terms and Conditions between the parties, which supersedes
all prior proposals, understandings and all other agreements, oral and written, between the parties.
INDUS agrees to keep all Customer data and information strictly confidential.
In the event the Customer fails or neglects to make any payment for the Licensed Program when due, INDUS may, within 60
days after written notice, at its option, and in addition to any other right which it has under this Agreement or at law delay
delivery of any materials or the performance of any services under this or any other agreement with the Customer until such
payment is made.
Software License and User Agreement
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